Bitter Brief 08: Trial by Combat, Epic Resignations, and Schooling Mr. Law School

In this week’s installment of the Bitter Brief, Kimber tries, and fails, to convince Mark of the merits of Game of Thrones-style “trial by combat,” Namby Pamby’s fantasies about quitting his job in epic fashion inspire us to discuss our own “take this job and shove it” moments, and, once again, Mr. Law School gets schooled.

Trial by combat is an actual thing. It’s existed under German law, French law, and even in British common law. It was still legal in Britain at the time of the American Revolution, which means it may also be incorporated as part of the common law in the United States.

But, I guess this oversight can be forgiven. It’s not like you’re in a job that expects you to have basic legal research skills.

Sam Glover

You’re right, Kimber and Mark ought to be including Westlaw citations at the end of each podcast. I’ll talk to them about it.

I can NOT beleive what I am HEARING on the POADCAST! What ever hapened to civility? Fooey!

Guano Dubango

I concur with you. There is more than a fair share of blatthering on this pod-cast, and I am afraid there is, as you say, a lack of civility.

In my country, people are quartered for such heresy. My Aunt Ooona has connections to the military order, and she would not hesitate to turn in heretics disloyal to the regime.

Paul Muad’dib

You want law, go to a CLE…

Mauwaukee Lawyer

There is your Trial by Combat: Madison, Wisconsin – Two agencies are investigating a claim by Supreme Court Justice Ann Walsh Bradley that Justice David Prosser put her in a chokehold earlier this month – an allegation Gov. Scott Walker on Monday called extremely serious.

Come on, Sambone. They could have spent two minutes on Google looking in to it. Alternatively, they could have gotten the concept right. You don’t just get to name anyone and force them into combat for you, the person has to volunteer, so the whole “who would you name as your champion?” thing is pointless; Kimber and Mark wouldn’t get to name anyone, since no one is going to fight to the death for them.

So, they try to discuss how trial by combat would work in the real world, without understanding how it works in Game of Thrones (no offense to Mark, since he hasn’t seen the episode), and without recognizing that trial by combat was actually a thing in the real world.

But, at least it’s tangentially related to law, unlike the stupid rant about greasy spoon line cooks. I’ve seen a Paula Franzese lecture that contained more law than this.